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NCJRS Abstract

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NCJ Number: 31677 Find in a Library
Title: DUE PROCESS IN SENTENCING - A RIGHT TO REBUT THE PRESENTENCE REPORT
Journal: HASTINGS CONSTITUTIONAL LAW QUARTERLY  Volume:2  Issue:4  Dated:(FALL 1975)  Pages:1065-1089
Author(s): R A HARKNESS
Corporate Author: University of California
Hastings College of Law
United States of America
Date Published: 1975
Page Count: 25
Sponsoring Agency: University of California
San Francisco, CA 94102
Format: Article
Language: English
Country: United States of America
Annotation: EXAMINATION OF POLICY AND CONSTITUTIONAL CONSIDERATIONS INVOLVING DISCLOSURE AND REBUTTAL OF THE INFORMATIONAL BASIS FOR SENTENCING, INCLUDING DEFENDANT'S RIGHTS OF CONFRONTATION AND TO PRESENT EVIDENCE IN HIS OWN BEHALF.
Abstract: FEDERAL COURT DECISIONS LEADING TO JUDICIAL REFORM IN THESE AREAS ARE ALSO CITED, AND THE FEDERAL RULES OF CRIMINAL PROCEDURE AMENDMENTS ACT OF 1975 IS ANALYZED THE AUTHOR POINTS OUT THAT UNDER AMENDED RULE 32 (PRESENTENCE INVESTIGATION), THE DEFENDANT WILL HAVE BOTH THE RIGHT TO DISCLOSURE AND AN OPPORTUNITY, AT THE DISCRETION OF THE COURT, FOR REBUTTAL OF INFORMATION. HE CRITICIZES THE ACT, HOWEVER, DUE TO ITS FAILURE TO CLEARLY DEFINE THE PROCEDURE FOR RESOLVING ANY FACTUAL DETERMINATIONS MADE NECESSARY BY DISPUTED PRESENTENCE REPORT ALLEGATIONS. EMPHASIZED IS THE NEED FOR A FULL EVIDENTIARY HEARING WITH THE FORMAL SUBMISSION OF EVIDENCE AND THE DEFENDANT'S EXERCISE OF HIS RIGHT TO PRESENT WITNESSES AND HIS RIGHT TO CONFRONTATION AND CROSS-EXAMINATION.
Index Term(s): Court rules; Judicial decisions; Judicial discretion; Presentence investigations; Reform; Right to Due Process; Rights at sentencing; Rights of the accused; Sentencing/Sanctions; Trial procedures
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=31677

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